Bohn Heat Transfer Group, Gulf And Western Mfg. Co.

26 Cited authorities

Nat'l Labor Relations Bd. v. Bell Aerospace Co.
416 U.S. 267 (1974) Cited 759 times 8 Legal Analyses
Holding that an agency is "not precluded from announcing new principles in an adjudicative proceeding"
Labor Board v. Katz
369 U.S. 736 (1962) Cited 710 times 29 Legal Analyses
Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"
Nat'l Labor Relations Bd. v. J. Weingarten, Inc.
420 U.S. 251 (1975) Cited 434 times 64 Legal Analyses
Holding that an employer commits an unfair labor practice by compelling an employee to attend an investigatory meeting that could lead to discipline without allowing the employee to bring a union witness
Nat'l Labor Relations Bd. v. Great Dane Trailers, Inc.
388 U.S. 26 (1967) Cited 322 times 8 Legal Analyses
Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct
Labor Board v. Erie Resistor Corp.
373 U.S. 221 (1963) Cited 358 times 1 Legal Analyses
Upholding Board decision prohibiting employer from granting super-seniority to strike-breakers because "[s]uper-seniority renders future bargaining difficult, if not impossible"
E. A. McQuade Tours v. Consol. Air Tour Manual
409 U.S. 1109 (1973) Cited 96 times
Finding no per se illegal group boycott in airlines' refusal to list tour operator where tour operator was not competitor of airlines and there was no intent to exclude him from market
Nat'l Labor Relations Bd. v. Fant Milling Co.
360 U.S. 301 (1959) Cited 106 times 1 Legal Analyses
Holding that an untimely allegation of an unlawful unilateral wage increase was sufficiently related to a timely refusal-to-bargain charge, because the wage increase "largely influenced" the Board's finding that an unlawful refusal to bargain had occurred
Allied Industrial Workers, AFL-CIO Local Union No. 289 v. Nat'l Labor Relations Bd.
476 F.2d 868 (D.C. Cir. 1973) Cited 48 times
Noting that "naked information" regarding the filing of a decertification petition without information regarding the number of signatories is insufficient to create good faith doubt of union majority status, even with additional evidence present
Curtiss-Wright, Wright Aero. Div. v. N.L.R.B
347 F.2d 61 (3d Cir. 1965) Cited 55 times
Noting the Board has "considerable leeway in amplifying or expanding certain details not specifically set forth in the complaint if they accord with the general substance of the complaint"
Nat'l Labor Relations Bd. v. International Ass'n of Bridge, Structural & Ornamental Iron Workers, Local 433
600 F.2d 770 (9th Cir. 1979) Cited 31 times
Holding that "[t]he Board may properly find an unfair labor practice when the issue has been fully litigated even though not specifically pleaded in the complaint"
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 94,314 times 92 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Section 151 - Findings and declaration of policy
29 U.S.C. § 151 Cited 5,091 times 34 Legal Analyses
Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"
Section 6621 - Determination of rate of interest
26 U.S.C. § 6621 Cited 1,873 times 23 Legal Analyses
Applying a higher interest rate to past liabilities resulting from tax-motivated transactions

Bohn Heat Transfer Group, Gulf And Western Mfg. Co.

26 Cited authorities

Holding that an agency is "not precluded from announcing new principles in an adjudicative proceeding"

Holding that "an employer's unilateral change in conditions of employment under negotiation" is a violation of the National Labor Relations Act because "it is a circumvention of the duty to negotiate"

Holding that an employer commits an unfair labor practice by compelling an employee to attend an investigatory meeting that could lead to discipline without allowing the employee to bring a union witness

Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct

Upholding Board decision prohibiting employer from granting super-seniority to strike-breakers because "[s]uper-seniority renders future bargaining difficult, if not impossible"

Finding no per se illegal group boycott in airlines' refusal to list tour operator where tour operator was not competitor of airlines and there was no intent to exclude him from market

Holding that an untimely allegation of an unlawful unilateral wage increase was sufficiently related to a timely refusal-to-bargain charge, because the wage increase "largely influenced" the Board's finding that an unlawful refusal to bargain had occurred

Noting that "naked information" regarding the filing of a decertification petition without information regarding the number of signatories is insufficient to create good faith doubt of union majority status, even with additional evidence present

Noting the Board has "considerable leeway in amplifying or expanding certain details not specifically set forth in the complaint if they accord with the general substance of the complaint"

Holding that "[t]he Board may properly find an unfair labor practice when the issue has been fully litigated even though not specifically pleaded in the complaint"

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"

Applying a higher interest rate to past liabilities resulting from tax-motivated transactions